Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2018, 21275-21277 [2021-08362]
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Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
simple average 6 of the cash deposit
rates calculated for Industeel and NLMK
Belgium. The amended final results of
this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
amended final results of this review and
for future deposits of estimated duties,
where applicable.7
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
by companies included in these final
results of review for which the reviewed
companies did not know that the
merchandise they sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.
Consistent with its recent notice,8
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective
retroactively for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after March 24,
2021, the publication date of the Final
Results of this administrative review, as
provided by section 751(a)(2)(C) of the
Act: (1) The cash deposit rate for each
specific company listed above will be
that established in the amended final
results of this review, except if the rate
is less than 0.50 percent and, therefore,
de minimis within the meaning of 19
CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for
previously investigated companies not
participating in this review, the cash
deposit will continue to be the
6 Id.
7 See
section 751(a)(2)(C) of the Act.
Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 884 (January 15,
2021).
8 See
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company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, or the
original less-than-fair-value (LTFV)
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recent
segment for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 5.40
percent, the all-others rate established
in the LTFV investigation.9 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Dated: April 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Notification to Importers
AGENCY:
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
This amended notice is issued and
published in accordance with sections
751(h) and 777(i) of the Act, and 19 CFR
351.224(e).
9 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
Republic of Korea and Taiwan, and Antidumping
Duty Orders, 82 FR 24096, 24098 (May 25, 2017).
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[FR Doc. 2021–08365 Filed 4–21–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–017]
Passenger Vehicle and Light Truck
Tires From the People’s Republic of
China: Final Results and Partial
Rescission of Countervailing Duty
Administrative Review; 2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that certain
producers/exporters of passenger
vehicle and light truck tires (passenger
tires) from the People’s Republic of
China (China) received countervailable
subsidies during the period of review,
January 1, 2018, through December 31,
2018.
DATES: Applicable April 22, 2021.
FOR FURTHER INFORMATION CONTACT:
Mary Kolberg, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1785.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Results of the administrative review in
the Federal Register on December 18,
2020.1 We invited interested parties to
comment on the Preliminary Results.
On January 19, 2021, we received a
case brief and a letter in lieu of a case
brief from Triangle Tyre Co., Ltd.
(Triangle Tyre) and Qingdao Fullrun
Tyre Tech Corp., Ltd. (Fullrun Tyre),
respectively.2 On January 29, 2021, we
received a rebuttal brief from United
Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
1 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Preliminary Results of Countervailing Duty
Administrative Review, Rescission in Part, and
Intent to Rescind in Part; 2018, 85 FR 82437
(December 18, 2020) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Triangle Tyre’s Letter, ‘‘Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China: Case Brief of Triangle Tyre Co.,
Ltd.,’’ dated January 19, 2021; see also Fullrun Tyre
Tech’s Letter, ‘‘Passenger Vehicle and Light Truck
Tires from China-Letter in Lieu of Case Brief,’’
dated January 19, 2021.
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Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
Otherwise Available’’ in the Issues and
Decision Memorandum.
Comment 2 of the Issues and Decision
Memorandum).
Companies Not Selected for Individual
Review
Methodology
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found
countervailable, we determine that there
is a subsidy, i.e., a government-provided
financial contribution that gave rise to a
benefit to the recipient, and that the
subsidy is specific.6 For a full
description of the methodology
underlying our conclusions, see the
Issues and Decision Memorandum.
Commerce notes that, in making these
findings, it relied, in part, on facts
otherwise available pursuant to section
776(a) of the Act, as well as adverse
facts available pursuant to section
776(b) of the Act. For further
information, see ‘‘Use of Facts
Partial Rescission of Review
It is Commerce’s practice to rescind
an administrative review of a
countervailing duty order, pursuant to
19 CFR 351.213(d)(3), when there are no
reviewable entries of subject
merchandise during the POR for which
liquidation is suspended.7 Normally,
upon completion of an administrative
review, the suspended entries are
liquidated at the countervailing duty
assessment rate calculated for the
review period.8 Therefore, for an
administrative review of a company to
be conducted, there must be a
reviewable, suspended entry that
Commerce can instruct CBP to liquidate
at the calculated countervailing duty
assessment rate calculated for the
review period.9
According to the CBP import data,
three of the six companies subject to
this review, which were not chosen as
mandatory respondents and which did
not withdraw their review requests, did
not have reviewable entries of subject
merchandise during the POR for which
liquidation is suspended.10 Because
there is no evidence on the record to
indicate that these companies had
entries, exports, or sales of subject
merchandise to the United States during
the POR, pursuant to 19 CFR
351.213(d)(3), we are rescinding the
review with respect to these companies.
In the Preliminary Results, we also
stated that we intended to rescind the
administrative review with respect
Qingdao Fullrun Tyre Tech Corp., Ltd.
However, because Qingdao Fullrun Tyre
Tech Corp., Ltd. did not request a
review and was not identified in the
Initiation Notice, we are not rescinding
the review with respect to this
company. Rather, we are rescinding the
review with respect to Qingdao Fullrun
Tech Tyre Corp., the company that
requested a review, was named in the
Initiation Notice, and for which we
found no reviewable entries (see
3 See Petitioner’s Letter, ‘‘Administrative Review
of the Countervailing Duty Order on Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China: Petitioner’s Rebuttal
Brief,’’ dated January 29, 2021.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2018
Administrative Review of the Countervailing Duty
Order of Passenger Vehicle and Light Truck Tires
from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
5 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Amended Final Affirmative Antidumping Duty
Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 80
FR 47902 (August 10, 2015) (CVD Order).
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See, e.g., Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review; 2015,
82 FR 14349 (March 20, 2017); see also Circular
Welded Carbon Quality Steel Pipe from the People’s
Republic of China: Rescission of Countervailing
Duty Administrative Review; 2017, 84 FR 14650
(April 11, 2019).
8 See 19 CFR 351.212(b)(2).
Industrial and Service Workers Union,
AFL–CIO (collectively, the petitioner).3
For a complete description of the events
that occurred since the Preliminary
Results, see the Issues and Decision
Memorandum.4
Scope of the Order 5
The products covered by the order are
passenger tires from China. For a
complete description of the scope of
order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in parties’ briefs are
addressed in the Issues and Decision
Memorandum. A list of the issues
addressed is attached to this notice as
an appendix. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/.
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To determine the rate for companies
not selected for individual examination
in administrative reviews, Commerce’s
practice is to weight average the net
subsidy rates for the selected mandatory
companies, excluding rates that are
zero, de minimis, or based entirely on
facts available. In this review, we
calculated rates based entirely on facts
available for each of the mandatory
respondents during the POR. In
countervailing duty administrative
reviews, where the number of
respondents being individually
examined has been limited, Commerce
has determined that a ‘‘reasonable
method’’ to determine the rate
applicable to companies that were not
individually examined when all the
rates of selected mandatory respondents
are zero, de minimis, or based entirely
on adverse facts available is to assign to
the non-selected respondents the
average of the most recently determined
rates that are not zero, de minimis, or
based entirely on facts available.11
However, if a non-selected respondent
has its own calculated rate that is
contemporaneous with or more recent
than such previous rates, Commerce has
found it appropriate to apply that
calculated rate to the non-selected
respondent, even when that rate is zero
or de minimis.12
With regard to the three remaining
non-selected companies, which have no
prior individual rates from prior
segments, we are assigning the rate of
20.05 percent ad valorem, which is the
average of the above-de minimis rates
calculated in the last review.
Final Results of Review
We determine the following net
countervailable subsidy rates for the
period January 1, 2018, through
December 31, 2018:
9 See
19 CFR 351.213(d)(3).
three companies are Hankook Tire China
Co., Ltd.; Qingdao Fullrun Tech Tyre Corp., Ltd.;
and Qingdao Powerich Tyre Co., Ltd.
11 See, e.g., Circular Welded Carbon Steel Pipes
and Tubes from Turkey: Final Results of
Countervailing Duty Administrative Review;
Calendar Year 2012 and Rescission of
Countervailing Duty Administrative Review, in Part,
79 FR 51140 (August 27, 2014); see also Cut-toLength Carbon-Quality Steel Plate from the
Republic of Korea; Final Results of Countervailing
Duty Administrative Review; 2012, 79 FR 46770
(August 11, 2014), and accompanying Issues and
Decision Memorandum at ‘‘Non-Selected Rate.’’
12 Id.
10 These
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Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
Subsidy rate
(percent
ad valorem)
Producers/exporters 13
Shandong Duratti Rubber Corporation Co., Ltd ..................................................................................................................................
Shandong Longyue Rubber Co. Ltd ....................................................................................................................................................
Shandong Anchi Tyre Co., Ltd ............................................................................................................................................................
Triangle Tyre Co. Ltd ...........................................................................................................................................................................
116.50
116.50
116.50
116.50
Review-Specific Average Rate Applicable to the Following Companies
Jiangsu Hankook Tire Co., Ltd ............................................................................................................................................................
Qingdao Fullrun Tyre Corp., Ltd ..........................................................................................................................................................
Shandong Province Sanli Tire Manufactured Co., Ltd ........................................................................................................................
Assessment and Cash Deposit
Requirements
Consistent with section 751(a)(2)(C) of
the Act and 19 CFR 351.212(b)(2), upon
issuance of these final results,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries covered by this
review. For the companies for which
this review is rescinded, Commerce will
instruct CBP to assess countervailing
duties on all appropriate entries at a rate
equal to the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2018, through
December 31, 2018, in accordance with
19 CFR 351.212(c)(1)(i). We intend to
issue instructions to CBP no earlier than
35 days after publication of the final
results of this review. If a timely
summons is filed at the U.S. Court of
International Trade, the assessment
instructions will direct CBP not to
liquidate relevant entries until the time
for parties to file a request for a statutory
injunction has expired (i.e., within 90
days of publication).
deposit requirements, when imposed,
shall remain in effect until further
notice.
DEPARTMENT OF COMMERCE
Administrative Protective Order
[A–570–979]
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Preliminary Results of
Antidumping Duty Administrative
Review, Partial Rescission of
Antidumping Administrative Review,
and Preliminary Determination of No
Shipments; 2018–2019
Notification to Interested Parties
These final results of this review are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: April 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Cash Deposit Requirements
Appendix
In accordance with section 751(a)(1)
of the Act, Commerce also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown above for the respective
companies listed above with regard to
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, CBP
will continue to collect cash deposits of
estimated countervailing duties at the
all-others rate or the most recent
company-specific rate applicable to the
company, as appropriate. These cash
List of Topics Discussed in the Issues and
Decision Memorandum
13 We are not disclosing any final calculations as
we did make any revisions to the preliminary AFA
calculations in connection with the final results of
this review. See Preliminary Decision
Memorandum at 18–20.
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20.05
20.05
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of the Administrative Review,
in Part
V. Rate for Non-Selected Companies Under
Review
VI. Use of Facts Otherwise Available and
Application of Adverse Inferences
VII. Analysis of Comments
Comment 1: Whether the Application of
Adverse Facts Available to Triangle Tyre
Co., Ltd. was Lawful
Comment 2: Whether Commerce Should
Rescind the Review with Respect to
Qingdao Fullrun Tyre Tech Corp., Ltd.
VIII. Recommendation
[FR Doc. 2021–08362 Filed 4–21–21; 8:45 am]
BILLING CODE 3510–DS–P
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International Trade Administration
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the certain companies under review
sold subject merchandise at less than
normal value during the period of
review (POR), December 1, 2018,
through November 30, 2019 and that
certain other companies under review
did not ship subject merchandise to the
United States during the POR.
Additionally, Commerce is rescinding
this review with respect to three
companies. Interested parties are invited
to comment on these preliminary results
of review.
DATES: Applicable April 22, 2021.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen or Aleksandras Nakutis, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2769 or (202) 482–3147,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On February 6, 2020, in response to
review requests from multiple parties,
Commerce initiated an administrative
review of the antidumping duty order
on crystalline silicon photovoltaic cells,
whether or not assembled into modules
(solar cells), from the People’s Republic
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]]>Agencies
[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Notices]
[Pages 21275-21277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08362]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-017]
Passenger Vehicle and Light Truck Tires From the People's
Republic of China: Final Results and Partial Rescission of
Countervailing Duty Administrative Review; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
producers/exporters of passenger vehicle and light truck tires
(passenger tires) from the People's Republic of China (China) received
countervailable subsidies during the period of review, January 1, 2018,
through December 31, 2018.
DATES: Applicable April 22, 2021.
FOR FURTHER INFORMATION CONTACT: Mary Kolberg, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1785.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of the administrative
review in the Federal Register on December 18, 2020.\1\ We invited
interested parties to comment on the Preliminary Results.
---------------------------------------------------------------------------
\1\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Preliminary Results of Countervailing
Duty Administrative Review, Rescission in Part, and Intent to
Rescind in Part; 2018, 85 FR 82437 (December 18, 2020) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------
On January 19, 2021, we received a case brief and a letter in lieu
of a case brief from Triangle Tyre Co., Ltd. (Triangle Tyre) and
Qingdao Fullrun Tyre Tech Corp., Ltd. (Fullrun Tyre), respectively.\2\
On January 29, 2021, we received a rebuttal brief from United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy, Allied
[[Page 21276]]
Industrial and Service Workers Union, AFL-CIO (collectively, the
petitioner).\3\ For a complete description of the events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\4\
---------------------------------------------------------------------------
\2\ See Triangle Tyre's Letter, ``Certain Passenger Vehicle and
Light Truck Tires from the People's Republic of China: Case Brief of
Triangle Tyre Co., Ltd.,'' dated January 19, 2021; see also Fullrun
Tyre Tech's Letter, ``Passenger Vehicle and Light Truck Tires from
China-Letter in Lieu of Case Brief,'' dated January 19, 2021.
\3\ See Petitioner's Letter, ``Administrative Review of the
Countervailing Duty Order on Certain Passenger Vehicle and Light
Truck Tires from the People's Republic of China: Petitioner's
Rebuttal Brief,'' dated January 29, 2021.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018 Administrative Review of the
Countervailing Duty Order of Passenger Vehicle and Light Truck Tires
from the People's Republic of China,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \5\
---------------------------------------------------------------------------
\5\ See Certain Passenger Vehicle and Light Truck Tires from the
People's Republic of China: Amended Final Affirmative Antidumping
Duty Determination and Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and Countervailing
Duty Order, 80 FR 47902 (August 10, 2015) (CVD Order).
---------------------------------------------------------------------------
The products covered by the order are passenger tires from China.
For a complete description of the scope of order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in parties' briefs are addressed in the Issues
and Decision Memorandum. A list of the issues addressed is attached to
this notice as an appendix. The Issues and Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found countervailable, we determine
that there is a subsidy, i.e., a government-provided financial
contribution that gave rise to a benefit to the recipient, and that the
subsidy is specific.\6\ For a full description of the methodology
underlying our conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts otherwise available pursuant to section 776(a) of the Act, as
well as adverse facts available pursuant to section 776(b) of the Act.
For further information, see ``Use of Facts Otherwise Available'' in
the Issues and Decision Memorandum.
Partial Rescission of Review
It is Commerce's practice to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended.\7\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\8\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct CBP to liquidate at the calculated countervailing duty
assessment rate calculated for the review period.\9\
---------------------------------------------------------------------------
\7\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\8\ See 19 CFR 351.212(b)(2).
\9\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
According to the CBP import data, three of the six companies
subject to this review, which were not chosen as mandatory respondents
and which did not withdraw their review requests, did not have
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\10\ Because there is no evidence on the
record to indicate that these companies had entries, exports, or sales
of subject merchandise to the United States during the POR, pursuant to
19 CFR 351.213(d)(3), we are rescinding the review with respect to
these companies. In the Preliminary Results, we also stated that we
intended to rescind the administrative review with respect Qingdao
Fullrun Tyre Tech Corp., Ltd. However, because Qingdao Fullrun Tyre
Tech Corp., Ltd. did not request a review and was not identified in the
Initiation Notice, we are not rescinding the review with respect to
this company. Rather, we are rescinding the review with respect to
Qingdao Fullrun Tech Tyre Corp., the company that requested a review,
was named in the Initiation Notice, and for which we found no
reviewable entries (see Comment 2 of the Issues and Decision
Memorandum).
---------------------------------------------------------------------------
\10\ These three companies are Hankook Tire China Co., Ltd.;
Qingdao Fullrun Tech Tyre Corp., Ltd.; and Qingdao Powerich Tyre
Co., Ltd.
---------------------------------------------------------------------------
Companies Not Selected for Individual Review
To determine the rate for companies not selected for individual
examination in administrative reviews, Commerce's practice is to weight
average the net subsidy rates for the selected mandatory companies,
excluding rates that are zero, de minimis, or based entirely on facts
available. In this review, we calculated rates based entirely on facts
available for each of the mandatory respondents during the POR. In
countervailing duty administrative reviews, where the number of
respondents being individually examined has been limited, Commerce has
determined that a ``reasonable method'' to determine the rate
applicable to companies that were not individually examined when all
the rates of selected mandatory respondents are zero, de minimis, or
based entirely on adverse facts available is to assign to the non-
selected respondents the average of the most recently determined rates
that are not zero, de minimis, or based entirely on facts
available.\11\ However, if a non-selected respondent has its own
calculated rate that is contemporaneous with or more recent than such
previous rates, Commerce has found it appropriate to apply that
calculated rate to the non-selected respondent, even when that rate is
zero or de minimis.\12\
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\11\ See, e.g., Circular Welded Carbon Steel Pipes and Tubes
from Turkey: Final Results of Countervailing Duty Administrative
Review; Calendar Year 2012 and Rescission of Countervailing Duty
Administrative Review, in Part, 79 FR 51140 (August 27, 2014); see
also Cut-to-Length Carbon-Quality Steel Plate from the Republic of
Korea; Final Results of Countervailing Duty Administrative Review;
2012, 79 FR 46770 (August 11, 2014), and accompanying Issues and
Decision Memorandum at ``Non-Selected Rate.''
\12\ Id.
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With regard to the three remaining non-selected companies, which
have no prior individual rates from prior segments, we are assigning
the rate of 20.05 percent ad valorem, which is the average of the
above-de minimis rates calculated in the last review.
Final Results of Review
We determine the following net countervailable subsidy rates for
the period January 1, 2018, through December 31, 2018:
[[Page 21277]]
------------------------------------------------------------------------
Subsidy rate
Producers/exporters \13\ (percent ad
valorem)
------------------------------------------------------------------------
Shandong Duratti Rubber Corporation Co., Ltd............ 116.50
Shandong Longyue Rubber Co. Ltd......................... 116.50
Shandong Anchi Tyre Co., Ltd............................ 116.50
Triangle Tyre Co. Ltd................................... 116.50
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Jiangsu Hankook Tire Co., Ltd........................... 20.05
Qingdao Fullrun Tyre Corp., Ltd......................... 20.05
Shandong Province Sanli Tire Manufactured Co., Ltd...... 20.05
------------------------------------------------------------------------
Assessment and Cash Deposit Requirements
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), upon issuance of these final results, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. For the companies for which this review is rescinded, Commerce
will instruct CBP to assess countervailing duties on all appropriate
entries at a rate equal to the cash deposit of estimated countervailing
duties required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2018, through December 31,
2018, in accordance with 19 CFR 351.212(c)(1)(i). We intend to issue
instructions to CBP no earlier than 35 days after publication of the
final results of this review. If a timely summons is filed at the U.S.
Court of International Trade, the assessment instructions will direct
CBP not to liquidate relevant entries until the time for parties to
file a request for a statutory injunction has expired (i.e., within 90
days of publication).
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\13\ We are not disclosing any final calculations as we did make
any revisions to the preliminary AFA calculations in connection with
the final results of this review. See Preliminary Decision
Memorandum at 18-20.
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Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown above for the respective
companies listed above with regard to shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this review. For all non-
reviewed firms, CBP will continue to collect cash deposits of estimated
countervailing duties at the all-others rate or the most recent
company-specific rate applicable to the company, as appropriate. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
These final results of this review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of the Administrative Review, in Part
V. Rate for Non-Selected Companies Under Review
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Analysis of Comments
Comment 1: Whether the Application of Adverse Facts Available to
Triangle Tyre Co., Ltd. was Lawful
Comment 2: Whether Commerce Should Rescind the Review with
Respect to Qingdao Fullrun Tyre Tech Corp., Ltd.
VIII. Recommendation
[FR Doc. 2021-08362 Filed 4-21-21; 8:45 am]
BILLING CODE 3510-DS-P
